Be careful out there! Just because there is ice on the
roads does not mean you are off the hook if you plow into someone while you are
driving. You might think that if you have a wreck while driving on snow or ice,
you can not be sued. After all, the wreck was not your fault, it was the weather's
fault, right? Well, not exactly.
New York Law requires a driver to drive at a reasonable and
prudent speed under the conditions and having regard to the actual and
potential hazards then existing. Basically,
what that means is that if you are driving on snow or ice, you'd better drive
slow enough that you do not run into someone.
There have been cases in New York that have addressed this
issue. In one New York snow and ice case, the jury found that the driver was driving
too fast when he was driving 30 MPH on a road that was glazed with ice.
In that case, there was testimony that a reasonable speed on that road with
that amount of ice was 15 MPH. Caution: This does not mean that 15 MPH is always
reasonable. In fact, if you are out driving and you cross the center line,
or are not able to stop in time and rear-end someone, then that probably means
that you were driving too fast under the circumstances. Of course, when it is
icy or snowy, the safest thing to do is to stay home, but if that is not an
option, drive slow!
SILER & INGBER, LLP is a New York law firm that concentrates in personal injury actions such as construction accidents, motor vehicle accidents, bicycle accidents, work place injuries, slip and falls, snow and ice cases, medical malpractice, traumatic brain injuries and truck accidents. Learn more go to www.nylawnet.com or contact us at 1-877-LAW-4343 or 1-877-529-4343 for a FREE CONSULTATION. New York, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.
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